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Data and Privacy

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Big changes are coming to privacy: get your data house in order

Our approach is holistic and risk-based, focusing strongly on commercial and customer outcomes. We provide strategic advice and long-term approaches to assist our clients to be data-driven leaders in the digital economy.

We collectively strive to bring clarity to our clients as they grapple with the unique impact that new technologies, the growing value of data assets, regulatory change, a heightened cyber risk environment, and ongoing cost pressures have on their operations. We have experts in big data, AI, the data economy, the Internet of Things (IoT), cloud services, management of cyber breaches, data-related regulatory investigations and court actions, and all other aspects of privacy and data protection regulation.

OUR PRIVACY INSIGHTS

Europe’s AI regulation gets real : what to know (and do) about the EU AI Act as it nears finalisation

More than two years ago, the European Union (EU) released the first draft of the Artificial Intelligence Act (AI Act). This was the first significant attempt at regulating AI on a large scale. In June, it passed a major milestone bringing it closer to finalisation. There is some way to go, but the signs are clear. Our experts share what the AI Act means for companies worldwide – and why now is the time to start thinking about risk mitigation steps.

26 June 2023

KWM privacy bytes – Privacy Act Review Report individual rights

Released in February this year, the Government’s long-awaited Privacy Act Review Report (Report) contains 116 proposals for privacy reform. In this, our second article in the Privacy Bytes series, we take a closer look at the new individual rights the Report proposes to include or expand in the Privacy Act.

09 May 2023

Developments in the regulation of Artificial Intelligence

Artificial intelligence (AI) has captured the attention of the world over the last 12 months. From AI chatbots to AI-generated art and inventions, AI has the potential to radically transform our economy, our society, and humanity.

19 April 2023

ChatGPT and the Importance of AI Governance

ChatGPT, the artificial intelligence chatbot developed by OpenAI, has become the fastest growing consumer product in history, reaching 100 million monthly active users within a mere 2 months of its launch. It has caused shockwaves across the education, media and marketing industries and has stoked fears of broader job losses amongst white collar workers.

14 April 2023

KWM Privacy Bytes - Privacy Act Review Report: Collecting and using of personal information

The Government’s long-awaited Privacy Act Review Report contains 116 proposals for reform. While not fundamentally changing the current principles based approach, these proposals will require a step change in how Australian companies collect and use personal information.

30 March 2023

 

WHAT OUR EXPERTS SAY ON THE PRIVACY ACT

Privacy Act and the reforms that will matter most

Cal Samson tells us in 3 minutes the reforms that will matter the most. (2023)

Government response to the Privacy Act Review Report

 

SEE WHAT'S COMING WITH THE KWM TECH REGULATION TRACKER

Track important privacy developments with our easy-to-use and regularly updated timeline.

Privacy Annual Update 2023

The pace of change in this area is faster than ever before. We reflect on the key developments in Australian privacy law in 2023.

OUR DATA INSIGHTS

Can the data centre goldrush go green? Malaysia’s Johor shows we can move fast, but more is needed

Johor sits at the southern tip of Malaysia, minutes away from neighbouring Singapore. Lesser known than the nation’s capital, Kuala Lumpur, and less developed than its most populous state of Selangor, Johor – and its capital Johor Bahru – are rapidly rising in prominence.

29 August 2024

Australian Government releases new Data and Digital Government Strategy

The Minister for Finance, Senator the Hon Katy Gallagher, recently launched for consultation a draft Data and Digital Government Strategy: The data and digital vision for a world-leading APS to 2030 (Draft Strategy). You’re invited to make comments on the Draft Strategy by 25 July 2023.

07 July 2023

Hong Kong’s new financial crime tool

Fraud is one of the thorniest problems for banks and their customers globally, with billions of dollars of leakage to opportunists, criminal syndicates and thieves. The Hong Kong Monetary Authority (HKMA) has recently announced Hong Kong’s newest institutional financial crime tool – FINEST. The initiative was launched in collaboration with the Hong Kong Police Force (HKPF) and The Hong Kong Association of Banks (HKAB). King & Wood Mallesons was delighted to serve as legal advisor on the project. This alert summarises the key points to know.

30 June 2023

Europe’s AI regulation gets real : what to know (and do) about the EU AI Act as it nears finalisation

More than two years ago, the European Union (EU) released the first draft of the Artificial Intelligence Act (AI Act). This was the first significant attempt at regulating AI on a large scale. In June, it passed a major milestone bringing it closer to finalisation. There is some way to go, but the signs are clear. Our experts share what the AI Act means for companies worldwide – and why now is the time to start thinking about risk mitigation steps.

26 June 2023

India: Navigating a Growing Data Centre Market

The Indian data centre market has attracted significant interest from foreign investors. This, in part, is due to the efforts of the Indian government to significantly improve the country’s IT infrastructure under the National Digital Transformation Programme, as well as recently-passed data localisation laws and the growth of the e-commerce and FinTech solutions sectors. In this short guide, we share our insights on the key considerations for foreign investors pursuing data centre opportunities in India, such as structuring, financing (equity and debt) and regulatory considerations. As investors, developers, contractors and operators in the digital infrastructure sector globally look to improve the sustainability of their digital infrastructure assets, demand will increase for businesses engaged in creating solutions for efficient data storage and management.

10 May 2023

KWM privacy bytes – Privacy Act Review Report individual rights

Released in February this year, the Government’s long-awaited Privacy Act Review Report (Report) contains 116 proposals for privacy reform. In this, our second article in the Privacy Bytes series, we take a closer look at the new individual rights the Report proposes to include or expand in the Privacy Act.

09 May 2023

DABUS dismissed again! United States Supreme Court declines to consider whether AI can be an inventor

This decision means that the lower court’s ruling holds — US patents can only be issued to human inventors and that Dr Thaler’s AI system (Device for the Autonomous Bootstrapping of Unified Sentience or DABUS) could not be considered the legal creator of two inventions that Dr Thaler said it generated.

27 April 2023

Developments in the regulation of Artificial Intelligence

Artificial intelligence (AI) has captured the attention of the world over the last 12 months. From AI chatbots to AI-generated art and inventions, AI has the potential to radically transform our economy, our society, and humanity.

19 April 2023

ChatGPT and the Importance of AI Governance

ChatGPT, the artificial intelligence chatbot developed by OpenAI, has become the fastest growing consumer product in history, reaching 100 million monthly active users within a mere 2 months of its launch. It has caused shockwaves across the education, media and marketing industries and has stoked fears of broader job losses amongst white collar workers.

14 April 2023

KWM Privacy Bytes - Privacy Act Review Report: Collecting and using of personal information

The Government’s long-awaited Privacy Act Review Report contains 116 proposals for reform. While not fundamentally changing the current principles based approach, these proposals will require a step change in how Australian companies collect and use personal information.

30 March 2023

Investing in Japanese data centres: a guide

Data centres – and in turn investments relating to them – are increasing worldwide. Japan is home to the third largest number of data centres, after the US and China. The regulatory settings in Japan may make it a more attractive destination for data centre investments in the future. In this insight, we look at laws and regulations relating to data centres in Japan, as well as: - Why it might become a favoured investment destination - Customer contracting considerations - Investment structuring - ESG considerations (in particular, renewable energy), and - Considerations when selecting the location of a DC. Our experts are closely watching this space, both in Japan and across Asia.

22 March 2023

Vietnam: Opportunities in the data centre market

In this short guide, we share our insights on the key considerations for foreign investors pursuing data centre opportunities in Vietnam.

12 October 2022

Only the link: Google not liable for defamation

In allowing the appeal, the majority found that, in circumstances where Google did not participate in the writing or dissemination of the defamatory article, the provision of the hyperlink merely facilitated access to the article. Google neither “lent assistance” to the original publisher, nor did it participate in any “bilateral process” of, communicating the article to third-party users.

18 August 2022

5 key issues in negotiating cloud contracts

With the promise of cost savings, greater flexibility and ability to scale, it is not surprising that companies are continuing to move their key business applications and data to the cloud.

15 August 2022

Of charlatans and poor choices: how restrictions on crypto assets are growing worldwide

Yet the ancient origin of the word goes to the essence of today’s regulatory tension: ‘crypto’ has its origin in the Greek word ‘kruptos’, meaning ‘hidden’. Governments and regulators around the world are working to bring crypto assets into view.

22 February 2022

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